Gumede v President of the Republic of South Africa : harmonisation, or the creation of new marriage laws in South Africa?

Bekker, Jan C.; Van Niekerk, Gardiol J.

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Gumede v President of the Republic of South Africa : harmonisation, or the creation of new marriage laws in South Africa?

Bekker, Jan C.; Van Niekerk, Gardiol J.

URI: http://hdl.handle.net/2263/11811

Date: 2009

Abstract:

The Recognition of the Customary Marriages Act and the judgment in Gumede have replaced the African customary marriage with an official statutory marriage. This does not come as a surprise. The decision followed effortlessly in the footsteps of Bhe (supra) which abolished the customary law of succession. Joining the ranks of other cases and legislation, Gumede has made a significant contribution to the development of an official customary law which is in harmony with constitutional principles.

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